37 Ga. App. 813 | Ga. Ct. App. | 1928
(After stating the foregoing facts.) The petition, properly construed, bases the right to recover upon an alleged express acceptance by the defendant of the check or draft, as shown by its letter attached to the petition as exhibit C. The theory of recovery (argued in the brief of counsel for the plaintiff in error) upon the ground that the defendant bank was the. collecting agent for the plaintiff, and that it is liable for a.breach of its duties as such agent, is not set forth in the petition, and can not be considered by this court. It clearly appears from the
Judgment affirmed.